(a) The department shall have charge of and shall administer the collection and disposal of solid waste. No solid waste shall be collected by the department or a licensed collector from any building or place when:

(1) the owner thereof has made provision for solid waste collection by his own vehicles, except for solid waste prepared and placed in accordance with 25.0503;

(2) the owner thereof has installed or provided the premises an incinerator or other solid waste disposal facilities which have been approved by the director of health and executive secretary as conforming to the provisions of law relating to nuisances and sanitary rules and in compliance with environmental rules established to achieve and maintain high levels of air, surface water and ground water qualities.

(b) The director shall approve schedules and work hours for solid waste collection submitted by licensed collectors. The licensed collectors shall keep the public informed on the current schedule and work hours, and each licensed collector to whom they are applicable shall comply with them. The director shall make arrangements with licensed collectors and businesses to meet collection needs for special events, e.g. Flag Day and other holidays.

(c) Any solid waste collected by the department or licensed collectors and accepted at government-operated disposal facilities shall become the property of the government. Upon closure of the disposal facility or any portion thereof, the solid waste at the disposal facility shall become the property of the landowner.

History: Rule 10-88, eff 9 Oct 88, § 1.

25 .0503 Preparation and placing of solid waste by owner.

(a) The types of solid waste hereinafter described shall be prepared for collection as follows:

(1) All empty cardboard and other fibrous cartons, wooden boxes and crates and other similar empty containers shall be flattened and securely tied in bundles not exceeding 3 feet in length nor weighing more than 75 pounds each.

(2) All other solid waste except special wastes and infectious wastes shall be placed in bins or in durable or nondurable containers described as follows:

(A) Durable containers. The interior surface of the container shall be smooth with no projections and the top diameter shall be equal to or larger than the bottom diameter. The container shall have a capacity of at least 20 gallons but not more than 55 gallons. The maximum weight of an empty container shall be 50 pounds. The maximum weight of a filled container shall be 110 pounds.

(B) Non-durable containers. Nondurable containers made of plastic film, paper or cardboard may be used if such containers are able to contain their contents securely at all times. The maximum weight for filled non-durable containers shall be 75 pounds. Such containers shall be collected together with their contents.

(3) All solid waste consisting of ashes, powders, dust, sawdust, broken bottles, glass or china or other materials likely to cause injury to persons collecting the same shall be securely wrapped or contained before being placed in the container.

(4) Garbage shall be drained and securely wrapped before being placed in the container.

(b) On or the evening before the scheduled day of collection, all solid waste prepared for collection pursuant to subsection (a) shall be placed within the sidewalk area, which is defined as the area located between the curb or, in the absence of a curb, the edge of the asphalt pavement and the property line boundary of the public roadway in a location readily accessible to the collector. Solid waste may be placed for collection within the sidewalk area of private roads and nonstandard private roadways when all of the following conditions are met:

(1) all of the residents along the roadway shall want such collections;

(2) the roadway shall serve at least 5 residences;

(3) the roadway shall have an unobstructed width of at least 22 feet not including parking lanes;

(4) horizontal and vertical curves of the roadway shall meet government public works standards;

(5) maximum roadway grade shall not exceed 19 percent;

(6) the owners of the roadway shall provide and maintain an all-weather road surface;

(7) the roadway shall have an adequate turnaround area for the truck unless reversing of the truck is less than a distance of 100 feet;

(8) reversing on a grade exceeding 10 percent shall not be required;

(9) Necessary easements and rights-of-way are provided per the requirements of the department.

(c) Special wastes shall be collected on a non-regular basis under procedures determined by the director.

(d) Bins, if used, shall not be placed within the sidewalk area, but shall be placed within the property to be served in locations directly accessible to the pickup forks of the collection truck. Parking of automobiles and other vehicles is prohibited at all times in front of these bins. The bins will be neatly lettered to indicate “No Parking”. Similarly, other obstruction to the ready access of the collection vehicle to the bin is prohibited. Bins shall be located where overhead power lines, trees, or other overhead obstructions do not hinder collection. Access roadway requirements for the collection of bins shall be that required for collection on private roads and nonstandard private roadways as provided in subsection (b), except that maximum roadway grade shall not exceed 12 percent.

(e) The owner shall be responsible for the cost of bins and containers. Bins and durable containers shall be available for sale or lease at places and prices set by the director in accordance with 25.2005(b) ASCA.